Bertram v. State, ex rel. Lowell Dredge Co.
Indiana Court of Appeals
From Fulton Circuit Court; A. G. Gapron, Judge. Independent action by Sylvester Bertram and others against the' State, on the relation of the Lowell Dredge Company and others, for a new trial. From a judgment on demurrer to the complaint, plaintiff appeals.
1Opinion of the CourtBlack, J.
In an action in the court below brought ■ by the State, on the relation of the Lowell Dredge Company, one of the appellees, on the bond of Sylvester Bertram, one of the appellants, as commissioner for the construction of a certain ditch, to recover for the construction of the ditch pursuant to a contract therefor between the commissioner and the relator — the other appellants being the sureties upon the bond — the issues tried being upon an answer of payment filed by all the appellants, and a counterclaim of the principal obligor alleging overpayment, the plaintiff obtained a finding and…
2Cases cited4 opinions
- Hines v. DriverIndiana Supreme Court · 1885
- East v. McKeeIndiana Court of Appeals · 1895
- Chicago & Eastern Illinois Railroad v. McKeehanIndiana Court of Appeals · 1892
- Berry v. DailyIndiana Supreme Court · 1868
3Cited by8 opinions
- Holland Banking Co. v. DicksSupreme Court of Oklahoma · 1917
- Ross v. StateTennessee Supreme Court · 1914
- First Nat. Bank of Taloga v. Farmers' State Guaranty Bank of ThomasSupreme Court of Oklahoma · 1916
- Chambers v. BoatrightIndiana Court of Appeals · 1961
- McKernan v. EstabrookIndiana Court of Appeals · 1917
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